Allowed

Biswaranjan Parida v. State of Odisha

Orissa HC18 Sept 2024WP(C)/23126/2024

Case brief

AI extract

What is this about?

The High Court set aside and quashed the certificate proceedings initiated against the petitioner because the underlying demand notice had already been set aside by the Division Bench. The court held that entertaining the writ petition on technical grounds would not bar the Appellate Authority from deciding the pending appeal on its merits.

What did the court decide?

Certificate Case No.02 of 2024 set aside and quashed; Writ Petition allowed.

Biswaranjan Parida Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No.23126 of 2024

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Biswaranjan Parida …. Petitioner

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Mr. S. Palit, Sr. Adv. being assisted by Ms. A. Pradhan, Adv.

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-versus-

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State of Odisha & others …. Opposite Parties

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Mr. B. Panigrahi, ASC

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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ORDER 18.09.2024

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Order No. 02.

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This matter is taken up through hybrid mode.

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2. Heard Mr. Palit, learned Senior Counsel, being assisted by Ms. A. Pradhan, learned Counsel for the Petitioner so also Mr. Panigrahi, learned ASC for the State.

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3. This Writ Petition has been preferred challenging the very initiation of the certificate proceeding against the Petitioner vide Certificate Case No.02 of 2024 before the Collector & District Magistrate-Cum-Certificate Officer, Jajpur on various grounds, including on the ground that Demand Notice dated 13.04.2023, based on which the Requisition in Form No.2, as prescribed under the Odisha Public Demands Recovery Act in 1962, shortly hereinafter “OPDR Act”, was submitted by the Certificate Holder, as at Annexure-6, has already been set-aside by the Division Bench of this Court in W.P.(C) No.18654 of 2023.

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4. That apart, a further ground has been agitated in the writ petition challenging the initiation of the certificate proceeding against the Petitioner on the ground that,

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liberty being granted by this Court vide order dated 08.01.2024 passed in W.P.(C) No.39281 of 2023, the Petitioner has already preferred an Appeal, which is still pending for consideration.

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5. Mr. Panigrahi, learned ASC for the State, hands up the photocopy of the instruction received from the Deputy Director of Mines (I/C), vide letter dated 17.09.2024 addressed to the learned ASC, vide which it has been admitted that the Demand Notice, which is annexed to the impugned notice in Certificate Case No.02 of 2024, is the same Demand Notice dated 13.04.2023, which was set aside by the Division Bench of this Court in W.P.(C) No.18654 of 2023.

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6. Mr. Panigrahi, learned ASC admits that pursuant to order 08.01.2024 passed in W.P.(C.) No.39281 of 2023, the Appeal preferred by the Petitioner is still pending for consideration before the Appellate Authority. However, Mr. Panigrahi learned ASC submits, entertaining the present Writ Petition on technical ground should not be a bar for the Appellate Authority to take a decision on the Appeal preferred by the Petition on its own merit.

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7. Accordingly, certificate proceeding initiated against the Petitioner vide Certificate Case No.02 of 2024, now pending in the Court of Collector and District MagistrateCum-Certificate Officer, Jajpur is hereby set-aside and quashed. The Writ Petition stands allowed and disposed of accordingly.

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8. It is made clear that this order shall not have any effect as to continuance of the Appeal, which is now pending before the Deputy Director of Mines, Jajpur-

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Page 2 of 3

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Cum- Appellate Authority.

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9. Urgent certified copy of this order be granted on proper application as per rules.

(S. K. MISHRA)

JUDGE

Mona

Signature Not Verified

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Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Odisha Date: 19-Sep-2024 15:44:46

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Page 3 of 3

Biswaranjan Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswaranjan Parida v. State of Odisha

Case brief

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